Acting as an attorney under someone's Lasting Power of Attorney usually starts quietly. A bit of online banking, then sorting the gas bill because Mum finds the phone menus impossible. Nobody hands you a rulebook, and most people have no idea that attorney duties are set out in law, or that some of what feels like ordinary family help is not allowed. This is about the property and financial affairs LPA, which covers money, bills, benefits and property in England and Wales.

Attorney duties start with whose money it is

It is not your money. It sounds obvious, and it still catches people out most often.

Section 4 of the Mental Capacity Act 2005 requires you to act in the best interests of the donor, the person who appointed you. That is a legal test rather than a gut feeling: their past and present wishes, the beliefs and values that would have shaped their own decision, and the views of people close to them.

You cannot use an LPA until it is registered with the Office of the Public Guardian (OPG). A property and financial affairs LPA may be used while the donor still has mental capacity, but only if the LPA says you can and the donor gives permission, so read the document before you act.

Keep the money separate, and write things down

Keep the donor's money and property separate from your own, unless you already share something like a joint account. Keep records too: important decisions and when you made them, what the donor owns, what comes in, and what you spend for them. Small everyday decisions need no record, but anything significant needs a receipt.

Gifts are allowed, but only small ones

Section 12 of that Act is tight. A gift from the donor's money is only allowed if all three of these are true: it is made on a customary occasion, say a birthday, a wedding, or a festival like Christmas, Eid or Diwali; it goes to someone related to or connected with the donor, which can include you, or to a charity the donor supported or might have been expected to support; and the value of each gift is not unreasonable given all the circumstances and, in particular, the size of their estate.

Anything beyond that needs the Court of Protection's permission. The Act sets no figure and the OPG says it cannot give one, so you judge against the estate in front of you.

Where well-meaning attorneys get caught out

These come up again and again, and each needs a court order first, or is not allowed:

• Paying yourself for care you provide. You can pay a care agency, but if you are also the carer, that is a conflict only the court can authorise.
• Lending the donor's money, to yourself or anyone else. Attorneys have no authority to do this, with or without interest, and an unauthorised loan is treated as an unauthorised gift.
• Larger gifts made as part of inheritance tax planning. However sensible the plan, it needs the court's permission.
• Paying a grandchild's school fees, or letting a family member live in the donor's property for less than market rent.
• Paying your own bills from the donor's account. You must not use your position to benefit yourself, and you can be ordered to pay it back.
• Selling the donor's property below market value. Selling the home can be an ordinary part of the role, but where the buyer would be you, a relative or someone you know, the OPG and the court expect an application for approval even at market price.

You also cannot change the donor's Will. If they need a Will and can no longer make one, that means a court application for a statutory Will.

Expenses yes, wages no

You can claim out-of-pocket expenses from the donor's funds. Postage, phone calls, travel to see their accountant and a professional's fee for their tax return all count, if they are in proportion to the estate and the work. Keep receipts and invoice the donor. Travel for a purely social visit is not an expense.

You cannot charge for your time unless the LPA says so. Most family attorneys are not paid; if the donor wanted to pay you, it had to be written into the document.

What happens when an attorney gets it wrong

If it looks as though an attorney has gone beyond their authority, the OPG can require information and documents about how the LPA has been used. The Court of Protection can revoke an LPA, provided the donor lacks the capacity to revoke it themselves. At the serious end there is criminal liability, including fraud by abuse of position.

The OPG received 13,183 concerns in 2025/26 and accepted 28% of them into an investigation. Of the investigations it closed that year, 82% needed no further action, either because the investigation resolved the matter or because there was no evidence for the concern, and 13% led to Court of Protection action. Anyone worried about an attorney can raise a concern on the gov.uk page "Report a concern about an attorney, deputy or guardian".

If a decision would also benefit you, take advice first, and if you think you have already made one of these, get advice sooner rather than later. Asking early is easier than unpicking a decision afterwards. Our knowledge base page on Lasting Powers of Attorney and our estate planning services cover the wider picture.

If you would like to talk through what this means for you and your family, you can book a free consultation with us. No pressure, just a friendly chat.

Squiggle Consult are estate planning consultants, not solicitors, and are not regulated by the Financial Conduct Authority. This article is general information for England and Wales, not legal or financial advice, and the rules can change. Scotland and Northern Ireland have their own powers of attorney under different rules. Please seek personal advice about your own circumstances.